April 6, 2017
New York City Council Approves Legislation Limiting Prospective Employers' Ability to Obtain and Use Salary History Information
The New York City Council has approved legislation prohibiting employers from inquiring about, relying upon, and verifying a job applicant’s salary history. Advocates of the legislation (Int. 1253-A), approved on April 5, maintain that it will contribute to gender pay equity and reduce the likelihood that women will be prejudiced by prior salary levels.
March 7, 2017
New York’s Paid Family Leave Benefits Law (PFL) will provide broad paid family leave benefits through the state’s existing Disability Benefits Law for all employees who have worked at least 26 consecutive weeks (or 175 days for part-time employees) for the employer. The law also will provide such employees with the right to a leave of absence and guaranteed reinstatement even if they are not protected by the Family and Medical Leave Act (FMLA).
February 22, 2017
New York State Regulations Governing Payroll Debit Cards (Scheduled to Become Effective March 7) Held Invalid and Revoked
The New York State Department of Labor (NYSDOL) issued final regulations in September 2016, significantly restricting the use of payroll debit cards and imposing disclosure and consent requirements for direct deposit. The regulations (12 NYCRR §192) were to become effective on March 7, 2017. However, in a February 16, 2017, decision, the New York State Industrial Board of Appeals (IBA) held the regulations “invalid” and “revoked.” “We find the regulations are invalid because they exceed [the NYS Commissioner’s] rulemaking authority,&rd
January 10, 2017
The New York State Department of Financial Services (“DFS”) has released a revised version of its proposed cybersecurity regulations, which set regulatory minimum standards for protecting the customer information and information systems of the financial services industry. The Revised Proposed Regulations will become effective on March 1, 2017.
December 28, 2016
The New York State Department of Labor has adopted regulations implementing increases to the state minimum wage, identified required salary levels for exclusions from overtime pay for executive and administrative employees, and issued Frequently Asked Questions for employers.
December 15, 2016
The New York City Council has introduced six bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City.
Please click on the following link to read the full post prepared by Jackson Lewis attorneys Jonathan Bing, Richard Greenberg, and government relations director Javier Lacayo.
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November 28, 2016
Texas Court Grants Nationwide Preliminary Injunction Enjoining Department of Labor from Implementing or Enforcing Regulation Raising Salary Level for White Collar Exemptions
When two lawsuits were filed in Texas seeking to block the Department of Labor’s new overtime rule, which more than doubles the required salary level to qualify for the Fair Labor Standards Act “white collar” exemptions, few predicted the lawsuits would be successful. But the polls were wrong (again). On November 22, 2016, a Texas District Court Judge (an Obama appointee) granted a nationwide preliminary injunction blocking the rule.
November 8, 2016
The New York City Council continues its pro-worker efforts. The latest include proposed legislation (i) providing protections against non-payment of wages for freelance workers and (ii) expanding the list of permitted reasons for using statutory sick time to include reasons related to victims of domestic violence. Mayor Bill de Blasio supports both proposals.
November 1, 2016
The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2017 (see IR-2016-141). Most notably, the limitation on annual salary deferrals into a 401(k) plan (along with many other retirement plan limitations) remains unchanged. The dollar limits are as follows:
October 25, 2016
For New York employers, many wage-and-hour obligations are not set forth in the statute. Rather, they are outlined in Wage Orders promulgated by the New York State Department of Labor. The New York DOL has published proposed modified Wage Orders in the State Register, implementing changes to the existing Wage Orders based on the recently passed increase to the state minimum wage.